Mann v. Mann
| Docket Number: | 2003-CA-02115-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-02-2004 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Habitual cruel and inhuman treatment - Custody Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - CUSTODY |
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| Trial Court: |
Date of Trial Judgment: 08-20-2003 Appealed from: Pearl River Chancery Court Judge: James H.C. Thomas, Jr. Disposition: DIVORCE GRANTED TO APPELLEE ON GROUNDS OF HABITUAL CRUEL AND INHUMAN TREATMENT, WITH CUSTODY OF THE PARTIES' CHILD AWARDED TO MATERNAL GREAT-GRANDPARENTS Case Number: 99-0699-GN-TH |
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| Party Name: | Attorney Name: | |||
| Appellant: | Ellis Mann |
PRO SE |
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| Appellee: | Pamela Mann | NATHAN S. FARMER |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Divorce: Habitual cruel and inhuman treatment - Custody |
| Summary of the Facts: | Ellis Mann and Pamela Mann filed a joint complaint, seeking a divorce on the grounds of irreconcilable differences. The court granted the parties a divorce which ratified and incorporated the property settlement agreement attached to the joint complaint. At all times during the initial divorce proceedings, Ellis and Pamela misrepresented jointly to the chancellor that no children were born unto the parties' marriage. In fact, their minor child had been in Pamela's care since the child’s birth. Pamela later filed a motion for emergency relief in which she alleged that Ellis removed the child from her custody and left the state of Mississippi. She sought a cancellation and setting aside of the judgment of divorce and custody of their minor child. The court entered an ex parte order granting Pamela temporary physical custody of the parties' daughter. Ellis was subsequently located with the child in Ohio where he was incarcerated on charges of kidnaping his daughter. The initial judgment of divorce was eventually set aside, and the chancellor granted the sole physical care, custody, and control of the parties' daughter to the child’s maternal great-grandparents until further order of the court. Pamela subsequently filed an amended combined complaint for divorce and motion for temporary relief. The chancellor granted Pamela a divorce on the ground of habitual cruel and inhuman treatment. He awarded the permanent physical custody of the parties' daughter to the child's maternal great-grandparents. Both Pamela and Ellis were given visitation rights. Ellis appeals. |
| Summary of Opinion Analysis: | Ellis argues that the court erred when it found that he was unfit to take care of his daughter. Ellis has failed to include the transcript of the chancery court divorce proceedings which granted custody of his daughter to the maternal great-grandparents. An appellant must present to the appellate court a record sufficient to show the occurrence of the error he asserts and also that the matter was properly presented to the trial court and timely preserved. Because Ellis has failed to place the necessary record pertaining to his assignment of error before the court, his assignment of error cannot be considered. |
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